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The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of aspects: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently.
Nevertheless, informal admissions in many instances will be hearsay in nature. Section 3(4) of the Law of Evidence Amendment Act [4] defines hearsay evidence as “evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence.” When the probative value ...
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system.It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal.
the admission of inadmissible or incompetent evidence, or the rejection of admissible or competent evidence. The procedure for bringing such reviews before the High Court is set out in Rule 53 of the High Court Rules. Where the accused complains of irregularities in the proceedings, these may be the subject of an appeal as well.
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract [1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation ...
The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court. Originally prepared for police in England, the Rules and their successor documents have become a part of legal procedure not just in Britain but in places as far afield as Jamaica, Zambia and Western Samoa where English law is followed.
The case is famous primarily for its articulation of the fundamental precept of contractual interpretation in South Africa: . The golden rule applicable to the interpretation of all contracts is to ascertain and to follow the intention of the parties; and, if the contract itself, or any evidence admissible under the circumstances, affords a definite indication of the meaning of the contracting ...
In Canada, the rule is established in R. v. Handy, 164 CCC (3d) 481, 2 SCR 908 (2002): . Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its ...